(a) The director has the power and authority to propose
legislative rules for promulgation in accordance with the
provisions of article three, chapter twenty-nine-a of this code
to carry out and implement the provisions of this chapter and to
carry out and implement any other provision of law relating to
offices or functions of the division.

(b) The requirements and limitations set forth in this
section apply to any rule-making authority granted pursuant to
this chapter or chapters twenty-two-b and twenty-two-c of this
code.

(c) Prior to the proposal of any new rule, the director
shall consult with the division of environmental protection
advisory council and after such consultation, the director may
determine that such a rule should be the same in substance as a
counterpart federal regulation. If the director determines that
the rule should be the same in substance as a counterpart
regulation, then to the greatest degree practicable, such
proposed rule shall incorporate by reference the counterpart
federal regulation. The director shall file, contemporaneously
with the proposed rule, a statement setting forth whether the
rule is the same in substance as a counterpart federal
regulation. If the director determines that the rule should not
be the same in substance as a counterpart federal regulation,
then the director shall file contemporaneously with the proposed
rule, a statement setting forth the differences between the proposed rule and the counterpart federal regulation. In
addition, the director shall file a statement setting forth the
results of the consultation with the advisory council.

(d) Whenever any existing rule is modified, amended or
replaced, the provisions of subsection (c) of this section apply
to the proposal of any such modification, amendment or
replacement rule.

(e) Notwithstanding the provisions of article three, chapter
twenty-nine-a of this code, at least one public hearing shall be
held by the division in conjunction with each rule making prior
to the expiration of the public comment period for the proposed
rules.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.